JandA_15023_2_Redacted.pdf

DEPARTMENT OF THE NAVY

N A V A L U N D E RS E A W A R F A R E C E N T E R D I V I S I O N

1 1 7 6 H o w e l l S t r e e t

N E W P O R T R I 0 2 8 4 1 - 1 7 0 8

I N R E P L Y R E F E R T O :

J&A #: 15023.2 Control #: 193318

PR #: 1300802883

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Undersea Warfare Center Division, Newport (NUWCDIVNPT), Contracts Department, Code 02.

2. Description of the Action Being Approved

Add India as a Foreign Military Sales (FMS) case to Contract N66604-17-D-C700. Contract N66604-17-D-C700 is an Indefinite Delivery, Indefinite Quantity (IDIQ) contract awarded on a sole source basis to The Boeing Company on 21 July 2017. The contract supports the continued development, upgrade, and application of the Encapsulated Harpoon Weapon System (EHWS) on Foreign Military submarines currently deployed, and planned for deployment (J&A 15023.1, dated 18 April 2017).

3. Description of Supplies/Services

There is no change to the services procured under Contract N66604-17-D-C700 as a result of this action and no change to the contract ceiling. The contractor is furnishing engineering and technical services in the following areas:

EHWS systems integration and support; systems design and analysis; training and certification support; Encapsulated Harpoon Certification and Training Vehicle (EHCTV) and EHCTV Test Equipment Group support; engineering, Integrated Logistics Support; and, missile system improvement development and integration.

EHWS programs include EHCTV, the Encapsulated Harpoon Command and Launch System (EHCLS), and the SeaDart/Air Expulsion Launch System.

Estimated Dollar Value FY 17 FY 18 FY 19 FY 20 FY 21 Totals

FMS

Total were verified by the certifying technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1), Only One Responsible Source.

5. Rationale Justifying Use of Cited Statutory Authority

As detailed in the original J&A (J&A 15023.1, dated 18 April 2017), The Boeing Company is the design agent and sole proprietor of Advanced Harpoon Weapon Control System (AHWCS) technology. AHWCS is a required interface for EHWS. Boeing is the only company that owns and has full proprietary rights and title to the data required for this contract. Refer to Paragraph 5 of the original J&A for further details regarding this rationale.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practical

No additional efforts were made to solicit additional offers as a result of this action. As described above, only Boeing is capable of performing these efforts due to unique ability to meet project requirements. A synopsis of this sole source requirement was posted to the Federal Business Opportunities website prior to solicitation and award of Contract N66604-17-D-C700. To date, a challenge to the sole source nature of this acquisition has not been received.

7. Determination of Fair and Reasonable Costs

There is no change to the negotiated amount of the contract as a result of this action. The Contracting Officer determined the negotiated amount of the contract executed under J&A 15023.1 fair and reasonable pursuant to FAR Subpart

15.4. The determination was documented in a Business

Clearance Memorandum that is included in the contract file.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5 of the original J&A (J&A 15023.1, dated 18 April 2017), NUWCDIVNPT has no plan at this time to compete future contracts for the services detailed in this document. However, if another potential source emerges, NUWCDIVNPT will assess whether competition for future requirements is feasible.

J&A #: 15023.2 Control #: 193318

PR #: 1300802883

CERTIFICATIONS AND APPROVAL

CONTRACTING NEGOTIATOR IDENTIFICATION

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12)) I certify that this justification is accurate and complete to the best of my knowledge and belief.

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(b)) I certify that the facts and representations under my cognizance, which are included in this justification and its supporting data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE

REQUIREMENTS COGNIZANCE

J&A #: 15023.2 Control #: 193318

PR #: 1300802883

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

APPROVAL BLOCK (FAR 6.304 for Approving Official) Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity, the solicitation of the proposed procurement(s) using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

Signature and Date

Stephen Lamb, Advocate for Competition 02 401-832-8526 Name (Print) and Title Code Phone